Evidence heard by the Social Security Appeals Council



Evidence heard by the Social Security Appeals Council



 
Here's a question that was sent in by a visitor to the site:

"If a case is remanded by an appeals council to the ALJ, what evidence is the ALJ allowed to consider:

a. Only evidence that is dated before the last hearing?
b. Only evidence that directly addresses the time period before the last hearing, regardless of date on evidence?
c. Any evidence up to present day?
d. None of the above / something else?


Thank you!"

I am a former disability examiner and my work was in a specfic area: deciding disability applications for SSD and SSI. However, this is from the POMS:

C. Reviewing decisions

1. Reviewing decisions based on an application for benefits



The AC will consider new and material evidence only where it relates to the period on or before the date of the ALJ hearing decision.

2. Reviewing other decisions not based on an application for benefits

The AC will review the entire record, including new and material evidence. The AC will review the case if it finds the ALJ actions, findings, or conclusions are contrary to the weight of evidence currently on record.

3. Evidence and protective filing for future applications

Evidence that relates to time after the date of the ALJ decision will establish a protective filing for a future application. See SI 00601.000 for information on protective filing.


About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.







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